Report No. 42
176. Amendment of section 413.-
In section 413 of the Code, for the words "with imprisonment for life or with imprisonment of either description for a term which may extend to ten years, the words "rigorous imprisonment for a term which may extend to fourteen years" shall be substituted.
177. Amendment of section 414.-
To section 414 of the Code, the following shall be added, namely.-
"and if the stolen property is the property of the Government or of a local authority, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine."
178. Substitution of new section for section 415.-
For section 415 of the Code, the following section shall be substituted, namely.-
"415. Cheating.-Whoever, by deceiving any person.-
(a) fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to any person in body, mind, reputation or property, is said to 'cheat'.
Explanation.-A dishonest concealment of facts, or, where there is a legal duty to disclose particular facts, a dishonest omission to disclose those facts, is a deception within the meaning of this section."
179. Substitution of new section for section 420.-
For section 420 of the Code, the following section shall be substituted, namely.-
"420. Cheating and dishonestly inducing delivery of property.-(1) Whoever cheats and thereby dishonestly induces the person deceive.-
(a) to deliver any property to any person, or
(b) to consent that any person shall retain any property, or
(c) to make, alter or destroy the whole or any part of a valuable security, or
(d) to make, alter or destroy anything which is signed or sealed and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine."
180. Insertion of new section 420A and 420B.-
After section 420 of the Code, the following section shall be inserted, namely.-
"420A. Cheating public authorities in performance of certain contracts.-Whoever, in performance of any contract with the Government or other public authority, for the supply of any goods, the construction of any building or execution of other wor.-
(a) in the case of a contract for the supply of goods, dishonestly supplies goods which are less in quantity than, or inferior in quality to, those he contracted to supply, or which are, in any manner whatever, not in accordance with the contract, or
(b) in the case of a contract for the construction of a building or execution of other work, dishonestly uses materials which are less in quantity than, or inferior in quality to, those he contracted to use, or which are, in any manner, whatever, not in accordance with the contract, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall be also liable to fine.
Explanation.-In this section, "public authority" mean.-
(a) a corporation established by or under a Central, Provincial or State Act;
(b) a Government company as defined in section 617 of the Companies Act, 1956; and
(c) a local authority."
420B. Employee taking bribe in respect of employer's affairs or business.-Whoever, being employed by another, accepts or obtains or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification, other than legal remuneration, as a motive or rewar.-
(a) for doing or for bearing to do any act in relation to his employer's affairs or business; or
(b) for showing or for bearing to show, in the exercise of his functions, favour or disfavour to any person in relation to his employer's affairs or business, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Explanations.-(1) The word "gratification" is not restricted to pecuniary gratification, or to gratifications estimable in money.
(2) The words "legal remuneration" are not restricted to remuneration which any employer can lawfully demand, but include all remuneration which he is permitted by his employer to accept.
(3) "A motive or reward for doing".-A person who receives a gratification as a motive or reward for doing what he does not intend or is not in a position to do or has not done, comes within these words.
Exception.-This provision does not extend to a case in which the employee is a public servant acting as such."